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(영문) 서울서부지방법원 2019.10.31 2018가합36861

기타(금전)

Text

1. As to the Plaintiff KRW 192,580,194 and KRW 146,550,00 among them, the Defendant shall pay to the Plaintiff KRW 45,306,627 from September 5, 2019.

Reasons

1. Basic facts

A. The Defendant obtained authorization from the head of Mapo-gu Seoul Metropolitan Government on November 7, 2007, pursuant to the relevant provisions of the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”), to implement the housing reconstruction improvement project (hereinafter “instant reconstruction project”) on a daily scale of 4,737.3 square meters outside Mapo-gu Seoul, and 14 square meters.

B. The Plaintiff, an aggregate building E (hereinafter “instant real estate”) and the second floor G of Mapo-gu Seoul Mapo-gu Seoul Metropolitan Government F Building No. 2 (hereinafter “instant real estate”), an aggregate building, is the owner of the instant real estate, and when the title of the instant real estate is collectively referred to as “each of the instant real estate,” the Plaintiff filed an application for parcelling-out within the application period for parcelling-out, allocated new apartment H H by filing an application for parcelling-out, and completed the registration of ownership transfer on November 14, 2016 for each of the instant real estate to the Defendant on the grounds of each trust.

C. The Plaintiff did not conclude a sales contract with the Defendant from April 28, 2018 to May 9, 2018, the period of concluding the sales contract.

On the other hand, the defendant's articles of incorporation provide for the settlement of cash for the rights of union members who did not conclude a sales contract within the period of conclusion of the sales contract as follows.

Article 44 (Application for Parcelling-Out, etc.) (4) Where a member of the association falls under any of the following subparagraphs, the association shall liquidate the land, buildings and other rights in cash within 150 days from the date following the date on which the management and disposal plan

In such cases, the cash liquidation amount may be calculated by calculating the arithmetic mean of the values appraised by at least two persons, including one appraisal business operator recommended by the head of the Gu and one appraisal business operator recommended by the association, and the association may first consult with each other, and where no consultation is made, the cash liquidation shall be made by filing a lawsuit for ownership transfer registration

but may consult after filing a lawsuit with a court, as the case may be.

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